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If ex doesn't show up for court, will judge still hear the case? And arrears

Pomona, CA |

1. My Ex filed court papers because he wants me to forgive ALL back child/ spousal support. I, want to ask for more money in back pay per month. When he finds out he's not getting what he wants, if he doesn't show up at court, will my case be heard?
2. I don't know how much he makes, so I don't know how much to ask for, I want to leave child supp as is, but I want the max in monthly back pay. How much can I ask for assuming he makes at least min wage?

He only pays $55 a week in child supp for 3 kids currently. At the time that was arranged, he was supposedly unemployed.

Attorney Answers 3

Posted

If your ex filed a Request for Order and then does not appear at the hearing, and no attorney appears on his behalf, the motion will be taken off calendar. The court will not rule on it. If you want something, i.e. arrears or an increase in support, you have to file your own RFO; or oppose his. Again, however, if he does not show up, the motion he filed, even if you opposed it, will simply be taken off calendar.

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Posted

...your issue is to defeat his request ..he can use a lawyer to appear on his behalf thus you can not assume that he will not appear...in reference what to ask for depends from the needs of the kids and you can subpoena his tax returns his job etc.
When he filed to dismiss the arrears he filed also documents as per his income..
check those documents. they can guide you as per his income and source of income
Read the attached link
http://www.divorcenet.com/resources/child-support/enforcing-child-support/enforcing-child-support-options-dealing-non-payment

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1 comment

Asker

Posted

Ok, I did not receive his income info so I did not know he had to file them. He hasn't filed taxes in about 11 years. I am fine with the low child supp, just want what is owed to me in arrears. He only pays $5 towards arrears per week, and that is really what I need to know about. I want the max per week now on arrears. Do I mark the "guidline" box, and write in that I want Only the arrears raised?

Posted

Ms. Waxman and Powers hit the nail on the head. The court will only hear your Ex's motion if he appears or has an attorney appear for him. The will not consider any changes you wish to make to the current order unless you separately file your own request for order with the court and serve it on the opposing party.

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